HomeMy WebLinkAboutAgenda Report - October 15, 2003 C-02aLODI CITY COUNCIL
REGULAR CITY COUNCIL MEETING
CARNEGIE FORUM, 305 WEST PINE STREET
WEDNESDAY, OCTOBER '15, 2003
C-1 CALL TO ORDER 1 ROLL CALL
The City Council Closed Session meeting of October 15, 2003, was called to order by Mayor
Hitchcock at 5:04 p.m.
Present: Council Members — Beckman, Hansen, Howard, Land, and Mayor Hitchcock
Absent: Council Members — None
Also Present: Deputy City Manager Keeter, City Attorney Hays, and City Clerk Blackston
C-2 ANNOUNCEMENT OF CLOSED SE SION
a) Threatened litigation: Government Code §54956.9(b)(3)(E); statement made to City
Manager threatening relationship between the City and the Booster of Boys and Girls
Sports (BOBS) (CA)
Mayor Hitchcock reported that an e-mail communication was received by Council from
Mr. and Mrs. Bernasconi indicating that there had not been any threat of litigation made,
other than suggesting that the matter be taken to the Grand Jury or the Attorney
General's Office for an opinion.
City Attorney Hays reported that the City Manager had indicated he felt there was a threat
of litigation. Deputy City Attorney Schwabauer received a phone call from the District
Attorney's Office who reported that Mr. Bernasconi had submitted information to their
office, and based on that call, Mr. Schwabauer believed that Mr. Bemasconi was asking
the District Attorney to prosecute the City. Mr. Hays explained that whether or not a threat
of litigation is made by a person willing to undertake it themselves, or that they are going
to generate that circumstance through others, does not diminish the fact that it constitutes
a threat of litigation. He stated that it is clear that litigation is a possibility in this situation
and Mr. Bernasconi's activity constitutes a threat under the statute.
PUBLIC COMMENTS:
Ron Bernasconi pointed out that his contact with the District Attorney was copied to
the Council on May 16. He believed that the Brown Act was being violated by the
Boosters of Boys and Girls Sports (BOBS) and stated that the City played a role in the
creation of the BOBS and it delegated authority to run Lodi youth sports programs to
the BOBS. Mr. Bernasconi stated that they have been engaging in closed session
meetings in a garage to terminate a board member, He asserted that agenda Item
C-2 (a) is improperly agendized and is in violation of the Brown Act because it states
that it is based on a statement made to the City Manager, not the District Attorney.
He stated that no threat of litigation was made to the City Manager when he met with
him and a declaration from Eileen St. Yves, a witness to the conversation, would
corroborate this. He stated that the agreement between the City and the BOBS
stipulates that the Parks and Recreation Director has the authority to assign and
direct members of the BOBS, which includes the Board of Directors and
Mr. Bernasconi met with the BOBS founder, Ed DeBenedetti, who verified this. The
agreement also indicates that the City must indemnify the board members and
officers up to $250,000 each. He believed it was irresponsible to maintain a position
that the City has no authority, jurisdiction, or control, when it has liability. He
contended that if the City has no jurisdiction or control, then there is an improper
delegation of public authority. There are five City employees on the BOBS Board,
four of which are under the direction of the Parks and Recreation Director, and one of
these individuals serves as the Secretary, who he alleged is falsifying the BOBS
minutes. He recommended that the City redirect and reassign while it investigates
this matter. The BOBS advisor knowingly allowed a parent's rights to be violated. He
emphasized that there is no line of authority, control, checks and balances, or
accountability. Because of the misbehavior that was engaged in, four BOBS Board
Members resigned in protest and one resigned after conviction of embezzlement. He
recalled that the City Manager had scheduled this matter for a Shirtsleeve Session;
Continued October 15, 2003
however, the Parks and Recreation Director had it removed. Mr. Bernasconi pointed out
that Parks and Recreation Director Goehring was a former member of the BOBS.
Mr. Bernasconi stated that there has been a narrow argument made that the Public
Resources Code does not apply because board members do not have supervisory
disciplinary authority over minors at public schools, parks, and recreational facilities. He
distributed a declaration signed by seven current and former BOBS board members who
believed that based on: 1) the BOBS bylaws, 2) agreement with the City, and 3) their
experience, that they have, or have had, supervisory and/or disciplinary authority over
minors on City operated parks, playgrounds, or recreational centers (filed). He
challenged the argument that BOBS is a separate legal entity and therefore the City has
no jurisdiction or control, pointing out that it is illogical for the City to have all the liability
with no ability to select members or apply standards, yet it must indemnify them.
Subsequent to a 2001 audit conducted by the Department of Justice, the City Attorney
told the current BOBS president to cease his authority over minors on public schools,
parks, and recreational facilities. Mr. Bernasconi stated that this individual disobeyed that
directive. The BOBS minutes evidence the complicity of three separate board members
in the knowing violation of state law. A letter sent to a BOBS director admits that he
coached.
Mr. Bernasconi stated that in January 2003 he had been informed by the City Manager
that the City would establish whether or not there was a problem. He noted that this has
not yet occurred and asked that it be pursued. Since April, Mr. Bernasconi has
recommended that the City seek an Attorney General's opinion. He explained that the
Public Resources Code was eviscerated last year through a legislative mistake that
removed the references to disqualifying offenses. He understood that the City Attorney
intends to offer a resolution to enact standards, which would be comparable to what the
Public Resources Code applies for.
Mr. Bernasconi believed that had there been timely implementation of the law, as outlined
in the August 2001 memorandum from the Human Resources Director, his wife would not
have been threatened, his child would not have been retaliated against, four BOBS
members would not have resigned, and the Brown Act would not have been violated.
Mayor Pro Tempore Howard recalled that over the past several months Mr. Bernasconi
has sent correspondence to the City Council expressing his opinion that there is a link
between the City and the BOBS organization, and because of that, the City has disobeyed
laws and is engaging in "slow creeping corruption." She believed that Mr. Bernasconi's
approach in contacting police officers, senators, the Attorney General, etc. constitutes a
threat of litigation, as was previously iterated by the City Attorney.
Mr. Bernasconi countered that the act of calling a police officer is not synonymous with
filing a lawsuit. He stated that the real liability comes from deliberate indifference, i.e.
ignoring clear violations of law when there is a duty of oversight.
Council Member Land suggested that the topic of the BOBS organization be scheduled
for discussion at an open special meeting.
Deputy City Manager Keeter explained that City Manager Flynn was absent today due to
undergoing medical procedures in preparation for surgery.
Mr. Bernasconi replied that it would not be possible to talk about the statement made to
the City Manager in his absence.
Mr. Hays recalled that eight years ago he recommended that the contractual relationship
between the City and BOBS be adjusted; however, it was very poorly received and he was
told not to pursue it.
In response to Council Member Hansen, Mr. Bernasconi reported that he met with
Mr. DeBenedetti on two occasions and he confirmed that the City played a role in the
creation of the BOBS and delegated authority to them to run youth sports programs. Mr.
2
Continued October 15, 2003
Bernasconi asked him to sign an affidavit to that effect; however, Mr. DeBenedetti
declined to do so.
b) Authorization to negotiate building lease for 300 /Nest Pine Street (APN 037-280-33);
negotiating partes are Russell and Kathryn Munson (Government Code §54956.8)
C) Conference with Labor Negotiator, Human Resources Director Joanne Narloch, regarding
Association of Lodi City Employees, concerning General Services and Maintenance and
Operators, and Confidential Unrepresented Employees pursuant to Government Code
§54957.6
C-3 ADJOURN TO CLOSED SESSION
At 5:52 p.m., Mayor Hitchcock adjourned the meeting to a Closed Session to discuss the above
matters.
The Closed Session adjourned at 6:50 p.m.
C-4 RETURN TO OPEN SESSION / DISCLOSURE OF ACTION
At 7:00 p.m., Mayor Hitchcock reconvened the City Council meeting, and City Attorney Hays
disclosed the following actions.
In regard to Item C-2 (a), no reportable action was taken in closed session.
Item C-2 (b) was not discussed.
In regard to Item C-2 (c), no reportable action was taken in closed session.
A. GALL TO ORDER 1 ROLL CALL
The Regular City Council meeting of October 15, 2003, was called to order by Mayor Hitchcock at
7:00 p.m.
Present: Council Members — Beckman, Hansen, Howard, Land, and Mayor Hitchcock
Absent: Council Members — None
Also Present: Deputy City Manager Keeter, City Attorney Hays, and City Clerk Blackston
B. INVOCATION
The invocation was given by Reverend Kevin Suess, Lodi Community Church.
C. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Hitchcock.
D. AWARDS / PROCLAMATIONS/ PRESENTATIONS
D-1 (a) Debbie Olson, Regional Representative with the League of California Cities, made a
presentation to Council Member Hansen for his recent graduation from the Mayors' and
Council Members' Institute.
D-2 Proclamations -- None
D-3 (a) Joey Nardinelli and Elisa Villarreal, members of the Greater Lodi Area Youth Commission,
acknowledged the Teen of the Month, Katie Baumgarten from St_ Mary's High School,
and provided an update on the activities and accomplishments of the Commission.
E. CONSENT CALENDAR
In accordance with the report and recommendation of the City Manager, Council, on motion of
Council Member Land, Beckman second, unanimously approved the following items hereinafter
set forth except those otherwise noted:
3
Jennifer Perrin
From: Ron Bernasconi [Ron@BernasconiCommercial.com]
Sent: Tuesday,'October 14, 2003 10:59 AM
CITY CLERK'S NOTE:
ce edains to
Oi'vy ounce agen . NOW
attachment is on file in the City Clerk's
Office for review.
cc: CM, CA, P&R
To: Dixon Flynn
Cc: Susan Hitchcock; Emily Howard; Keith Land; John Beckman; Larry Hansen
Subject: Follow-up regarding our August 14 and October fi meetings regarding the BOBS
Dixon, after our October G meeting I was surprised to see the BOBS matter was still scheduled for
a closed session meeting of the City Council.
Attached below are S unanswered ernails since we met on August 14, which establish that after
our meeting you put the BOBS matter on the September 16 the Council's Tentative Shirtsleeve
Schedule and that your Parks and Recreation Director, Tony Goehring, had it removed and placed on
the undated list of Topics for future discussion.
When we met with Tony Goehring on August 22 he indicated he removed the BOBS matter from the
Tentative Shirtsleeve Schedule because he did not want a public spectacle. We agree. We don't want a
public spectacle either.
However, creating a false pretext to discuss a matter in closed session is not a proper way to proceed.
Moreover, no public spectacle is necessary. As I have indicated to both you and Mr. Goehring; the City's
agreement with the BOBS gives the Parks and Recreation Director the authority to assign and direct the
members of BOBS in their participation of the recreation programs of the City.
All we are asking is that the City require that BOBS members comply with California's Criminal
Offender Record Clearance laws relating to the fingerprinting of volunteers and require that the BOBS
board adhere to the Public Records and Brown Acts.
Since the City indemnifies BOBS directors, it is only prudent the City Council or the Recreation
Commission appoint new directors to replace those who have disobeyed the City Attorney,
violated State Laws and/or BOBS Bylaws and thereby exposed the City to Liability.
We have indicated that if the City fails to see that Lodi Youth Programs are administered in accordance
with these Laws we would refer this matter to the Grand Jury and the Attorney General of California.
However, this is not threatening litigation as some have been mislead to believe.
Referring a matter to a Grand Jury or the Attorney General is not threatening litigation. It is .
advising the proper constitutionally created entities that crimes have been or are being committed,
which is the duty_of all citizens.
Since January we have given the City an opportunity to address these matters and back in January you.
promised you would have the Parks and Recreation Director "ensure that Mr. Dejong is not directly
involved as a supervisor or in violation of the law. As soon as I have a report I will forward it to
you."
As I indicated during our meeting on October G, it has been established that the BOBS' President
knowingly violated the Public Resources Code with the complicity of a few fellow Board Members in
10/14/2003
Page 2 of 8
2001 and 2002 after he was asked by the City Attorney to cease such activities.
Moreover, our youth are still at risk because BOBS' Board Members perform duties, which create
supervisory and/or disciplinary authority over minors on public schools, parks and recreational facilities.
Back in April in response to the attached email and news reports the Mayor said, "I would like the City
to have either authority over the BOBS or no responsibility for BOBS actions."
After our meeting on August 14 you put this matter on the Tentative Shirtsleeve Schedule. How can
you now claim that it is proper for this matter to be placed on the closed session agenda?
Clearly, your actions indicated that no threat of litigation was made during our meeting and this can be
confirmed by a declaration from Eileen St. Yves who attended that meeting.
Dixon, you and I should have an opportunity to review Tony Goehring's report before this matter is put
on the Tentative Shirtsleeve Schedule so that constructive solutions to address the misconduct of a few
BOBS Directors can finally be presented to the City Council.
Your attempt to address this matter (along with subsequent attempts by the Mayor and a Recreation
Commissioner) were derailed by the City Attorney who asserts that the City of Lodi does not have any
duties or jurisdiction over the BOBS except with respect to how they screen coaches, which is not the
standard set by the Public Resources Code as evidenced by the attached August 2001 Memorandum
from your Human Resources Director to your former Parks and Recreation Director.
It's time for the bad faith, foot dragging and half measures to stop. Pull this matter from Closed
Session and please indicate if and when the report from the Parks and Recreation Director that you
promised back in January will be forthcoming or advise on how you intend to proceed so that we can
proceed accordingly.
-----Original Message -----
From: Ron Bernasconi [maiito:Ron@BernasconiCommercial.com]
Sent: Monday, September 29, 2003 6:04 PM
To: dixon@lodi.gov
Cc: hitchcock@lodi.gov; howard@lodi.gov; land@lodi.gov; beckman@lodi.gov; hansen@lodi.gov
Subject: Follow-up regarding our August 14 meeting and our Public Records Request for the agreements
between the City and the BOBS
Dixon,
Back in January 2003 you sent us an email, which indicated that Tony Goehring's predecessor would
establish if the BOBS's President was administering Lodi Youth Sports in violation of State Law and that
we would receive a copy of the Parks and Rec Director's report to the Recreation Commission.
Your attempt to address this matter (along with subsequent attempts by the Mayor and a Recreation
Commissioner) were derailed by the City Attorney who asserts that the City of Lodi does not have any
duties or jurisdiction over the BOBS relative to the manner in which the BOBS administers Lodi Youth
Sports.
Over the last 9 months, we have provided the City and the Council with a mountain of evidence, which
indicates otherwise and/or has established that such a delegation of public authority would be illegal.
10/14/2003
Page 3 of 8
Then, -on August 14 we gave you a copy of the agreement between the City and the BOBS, which stated,
"It is acknowledged and agreed that the Director of the City's Park & Recreation
Department shall be the authorized person to assign and direct the members of BOBS in
their participation of the sports and recreation program of City."
This Agreement between the City and the BOBS, which we gave you on August 14 also states that the,
"City agrees to hold, BOBS, its officers and directors free from any suit, action or
claim for damage, up to a maximum of $250,000, that may or might be fled by reason
of injury to participants in City's sports and recreation programs, which program may
at that particular time be under the direction or supervision of a member of BOBS."
Shortly thereafter, you had put this matter on the Council's Tentative Shirtsleeve Schedule.
Our August 25 email to you indicated that, it would be very imprudent if not negligent to maintain a
position that the City has no control, jurisdiction or responsibility for the BOBS given
these acknowledgements, which are contained within the City's Agreement with the BOBS.
Our August 25 email also indicated that the simple addition of an honest acknowledgement to the
City's Agreement with the BOBS, which has been confirmed by BOBS Founder, Ed DeBenedetti, that
stated:
"the City played a role in the creation of the BOBS and that the City has delegated the
authority to administer Lodi Youth Sports Programs to the BOBS,"
along with an acknowledgement, which has been signed by several current and former BOBS' Directors,
that stated.
"BOBS Board Members have supervisory and/or disciplinary authority over minors on
City operated parks, playgrounds and recreational centers,"
would require that the administration of Lodi Youth Sports by the BOBS be brought into compliance
with State Laws.
We were encouraged by the fact that you had put this matter on the Tentative Shirtsleeve Schedule for
September 16. Then, Tony Goehring had it removed from the Agenda and placed on the undated list of
Topics for fixture discussion.
In response, our August 25 email indicated that we had no problem with a delay to any of the open
shirtsleeve slots on October 14, 21, or 28th.
However, as of today we have not been informed of the date of the Shirtsleeve Session at which the
BOBS matter will be discussed nor have we received the copies of the Agreements between the City and
the BOBS, which we have been requesting from you since August 14.
Now the Record has reported on September 27 that, "Lodi's City Council is scheduled to
meet on October 1 in closed session to discuss a threatened lawsuit over the city's role with Boosters of
Boys and Girls Sports."
10/14/2003
Page 4 of 8
Since we have not spoken since August 14, it is unclear to us how anything we have said could have be
interpreted as a statement to you threatening litigation. Our concern is that this may be a ploy by others
to keep this matter from being addressed in public.
The Lodi News commented on this culture of evasion and secrecy on September 27 when it stated,
"Concern and singer over the suit has grown in part because of the city's unwillingness to
explain or defend it. That arrogance needs to end."
We could not agree more. Please advise who has threatened litigation and confirm that the Agreement
between the City and the BOBS, which we gave you during our August 14 meeting, has not been
subsequently amended or forward any subsequent amendments and advise us of the date of
the Shirtsleeve Session at which the BOBS matter will be discussed.
Thank you for your attention to this matter,
Ron & Yolanda Bernasconi
-----Original Message -----
From: Ron Bernasconi [mailto:Ron@BernasconiCommercial.eom]
Sent. Thursday, September 04, 2003 10:24 AM
To: dlxon@lodi.gov
Subject: 3rd Request for Follow-up regarding the agreement between the City and the BOBS
Dixon, this is my third request for confirmation regarding the status of the agreement between the City
and the BOBS.
At this point, Y would like to make a Public Records Request for all agreements between the City and the
BOBS and the City's Charter.
Please advise when and where these public records will be made available for inspection and coping.
Thanks,
Ron
-----Original Message -----
From: Ron Bernasconi f mailto:Ran@BernasconiCommercial.com]
Sent: Monday, August 25, 2003 10:01 AM
To: dixon@lodi.gov
Cc: cityclrk@lodi.gov; hitchcock@lodi.gov; howard@lodi.gov; land@lodi.gov; beckman@lodi.gov;
hansen@iodi.gov
Subject: Our 8:22.03 meeting with Icon Williamson, Ed DeBenedetti and Tony Goehring regarding the BOBS
We met with Ed DeBenedetti, Ron Williamson, and Tony Goehring on Friday, August 22, 2003. Tony Goehring advised
us that you had put the BOSS matter on the Tentative Shirtsleeve Schedule for September 16 and that Tony had it
removed and placed on the list of Topics for future discussion.
Dixon, we appreciate your efforts to address this matter promptly and we understand that Tony is new to the position of
Parks and Recreation Director. Therefore, we have no problem with a reasonable delay to any of the open shirtsleeve
slots on October 14, 21, or 28th as Tony investigates the conduct of the BOBS directors who have violated the BOBS
Bylaws and/or State Laws. We indicated to Ed, Ron and Tony that these Members should be removed and replaced by
appointees of either the City Council or Recreation Commission.
10/14/2003
Page 5 of 8
Tony also agreed to interview the BOBS Directors who resigned after DeJong was installed as BOBS President, which are
Tony Alegre, Tim Greenmyer, Joe Mariani and Dick Slawson.
As we discussed, the current agreement between the BOBS and the City states that, "It is acknowledged and agreed that
the Directors of City's Park & Recreation Department shall be the authorized person to assign and direct the
members of BOBS in their participation of the sports and recreation program of City.
This Agreement between the City and the BOBS also states that the,
"City agrees to hold, BOBS, its officers and directors free from any suit, action or claim for damage, up to a
maximum of $250,000, that may or might be filed by reason of injury to participants in City's sports and
recreation programs, which program may at that particular time be under the direction or supervision of a
member of BOBS."
Clearly, it would be very imprudent if not negligent to maintain a position that the City has no control, jurisdiction or
responsibility for the BOBS given these acknowledgements, which are contained within the City's Agreement with the
BOBS, which can be terminated by either party upon the giving of 30 days written notice.
In any event, the simple addition of an honest acknowledgement to the City'sAgreement with the BOBS that states,
"The City of Lodi played a role in the creation of the BOBS and the City delegated the authority to
administer Lodi Youth Sports Programs to the BOBS..."
along with an acknowledgement that,
"BOBS Board Members have supervisory an&or disciplinary authority over minors on City operated parks,
playgrounds and recreational centers..,"
is all that is necessary to bring the administration of Lodi's Youth Sports Programs into compliance with State Law.
Dixon, please confirm that the Agreement between the City and the BOBS, which we gave you during our August 14
meeting, has not been subsequently amended or forward a copy of any subsequent amendments and advise us of the date
of the Shirtsleeve Session at which the BOBS matter will be discussed.
Thank you for your attention to this matter,
Ron & Yolanda Bernasconi
-----Original Message -----
From, Ron Bernasconi [mailto:Ron@BemasconiCommercial.com]
Sent: Wednesday, August 20, 2003 8:14 AM
To: Dixon Flynn
Subject: Your 8.19.03 meeting with Ron Williamson, Ed DeBenedetti and Tony Goehring
I understand Janet Keeter and Randy Hays also attended your meeting and that Mr. Hays is still asserting that the Brown
Act and the California Resources Code do not apply to the BOBS Board of Directors.
Can you please have Mr. Hays explain in writing what facts and authorities he is relying upon? Then, I will be happy to
meet and confer with him to resolve these issues directly. Otherwise, we will have no choice but to take these matters up
in the council chambers.
In the interim, we will meet with Ed DeBenedetti, Ron Williamson, and Tony Goehring on Friday to discuss these issues.
10/14/2003
Page 6 of 8
We understand that several shirtsleeve meetings have recently been rescheduled, can you please advise the date of the
shirtsleeve session at which the BOBS matter will be discussed.
Finally, please confirm that the agreement the City and the BOBS, which we gave you at our August 14 meeting, is in full
force and effect and has not been subsequently modified.
Thank you for your attention to these matters.
-----Original Message -----
From: Dixon Flynn imailto:dixon@lodi.gov]
Sent: Tuesday, August 19, 2003 2:03 PM
To: Ron Bernasconi
Subject: RE: Please advise if you want me to meet with Hays before you meet with Ron Williamson and Ed DeBenedetti
I MET WITH Ron, Ed and Tony this morning and they plan to meet with you to further discuss your concerns. They will
get back to me with recommendations. Nobody has a better understanding of BOBS then Ron and Ed.
Dixon
-----Original Message -----
From: Ron Bemasconi [mailto:Ron@BernasconiCommercial.com] .
Sent: Tuesday, August 19, 2003 9:39 AM
To: Dixon Flynn
Subject: Please advise if you want me to meet with Hays before you meet with Ron Williamson and Ed DeBenedetti
Yolanda gave Tony Goehring copies of all of the documents we discussed last week during our meeting and Tony
indicated that you have placed the BOBS matter on the August 26 shirtsleeve City Council session. Thank you for your
prompt action.
Randy Hays' assistant called yesterday to set up a meeting with me today at 3 PM, which would include Randy Hays,
Steve Schwabauer and Tony Goehring.
When we met last week you indicated you wanted an opportunity to meet with Ron Williamson and Ed DeBenedetti
before I met with Randy.
Is that still you desire? Please advise on how you would like me to proceed.
Thanks,
Ron
-----Original Message -----
From: Dixon Flynn [mailto:dixon@lodi.gov]
10/14/2003
Page 7 of 8
Sent: Monday, August 18, 2003 9:08 AM
To: Ron Bernasconi
Subject: RE: Thank you for meeting with us last week
I'll get back to you this week. I'm having a meeting with Ron Williamson and Ed Debenndtti this week and I'll have more
information to share.
Dixon
-----Original Message -----
From: Ron Bernasconi [mailto:Ron@BemasconiCommercial-com]
Sent: Monday, August 18, 2003 7:58 AM
To: Dixon Flynn
Subject: Thank you for meeting with us last week
Dear Mr. Flynn,
Thank you for meeting with us on Thursday, August 14.
Please confirm that the agreement the City and the BOBS, which we gave you at our meeting, is in full force and effect
and has not been subsequently modified.
Thank you for your attention to this matter.
Ron and Yolanda Bernasconi
-----Original Message -----
From: Ron Bernasconi [mailto:Ron@BernasconiCommercial.com]
Sent: Sunday, August 10, 2003 8:09 AM
To: Dixon Flynn
Subject: We are awaiting a copy of the report you promised would be forthcoming in you January 7, 2003 Email
Dear Mr. Flynn:
We are still awaiting the copy of the report you indicated would be forthcoming back in January, which was to include the
Parks and Recreation Director's recommendations to the Recreation Commission.
Have you reassigned this task to the new Parks and Recreation Director and what action has been taken in response to the
Mayor's concerns, which were expressed to the former Parks and Recreation Director and City Attorney back in April?
We continue to have concerns that the California Public Resources Code, which is a 1993 law that protects children from
10/14/2003
Page 8 of 8
those convicted of drug, violent or sexual crimes is being violated to this day. After a decade of foot dragging and half
measures its time to bring the administration of Lodi Youth Sports into compliance with State Law.
Accordingly, we would like to meet with you and review staff's efforts to bring the administration of Lodi Youth Sports
programs into compliance with State Laws.
We await your reply and indication of when we can meet and confer.
Thank you for your attention to this matter.
Ron and Yolanda Bernasconi
-----Original Message -----
From: Dixon Flynn (mailto:dixon@lodi.gov]
Sent: Tuesday, January 07, 2003 11:02 AM
To: Ron OBernasconiCommercial.com
Cc: Roger Baltz
Subject: BOBS Board
Dear Mr. and Mrs Bernasconi,
Thank you for your letter regarding the actions of the BOBS Board and your concerns about Mr. DeJong. I have asked Mr.
Baltz to look into this matter to ensure that Mr. DeJong is not directly involved as a supervisor or in violation of the law.
As soon as I have a report I will forward it to you. Also, you should know that the City of Jodi does not supervise or
control the BOBS organization. It is independent of the City as the Chamber of Commerce, the Boys and Girls Club, the
Downtown Business Association and the Wine(Grape Commission. Our interest in this matter is based on the use of City
facilities and whether these organizations are in compliance with State law.
However, I will wait until I get a final report from Mr. Baltz before drawing any conclusions or making any
recommendations to the Parks and Recreation Commission.
Yours sincerely,
Dixon Flynn
City Manager
10/14/2003
As current and former BOBS Board members, we declare the following based on our
Bylaws, BOBS Agreement with the City of Lodi and our experience serving on the BOBS Board of
We have or have had supervisory and/or disciplinary authority over minors on City operated
playgrounds or recreational centers used for recreational purposes.
We sit or have sat on appeal panels, which discipline minors and/or determine if minors can
Lodi Youth Sports programs.
Our authority determines whether minors were released to participate in programs in other j
minors do not want to or participate in comparable programs offered by Lodi Parks and Recreation
We run or have run tryouts, tournaments and events on City operated Schools, Parks and
BOBS' Bylaws and BOBS' agreement with Lodi establishes that all BOBS Members are
on behalf of the City of Lodi and that we serve in an advisory and coordinating capacity to the Lodi
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We declare these facts to true and correct to the best of our knowledge and belief.
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